What Are California Laws Regarding Easements?
The four types of easement recognized under California law are prescription, necessity, implication and express grant, as of 2015, according to RealEstateLawyers.com. Each of these easements describes a legal right to use land that belongs to someone else for a specific purpose.
Easements by prescription are established when someone uses land continuously and openly for at least 5 years in a way that is adverse to the owner, explains RealEstateLawyers.com. This type of easement is not recognized if the owner has given permission to use the land. An easement by necessity is granted when someone’s use of a piece of property is available only if the easement is granted. This kind of easement is attached to the land and continues even if the property is sold.
An easement by implication arises when a parcel of land is divided up and creates an absolute necessity for the easement, says RealEstateLawyers.com. If there is any other way to access the property, an easement by implication isn’t granted, and it ends if another means of access becomes available. Express easements are made through a deed or other written document that describes their use. As long as the language used in the document is clear and specific, courts do not consider any other evidence in concluding the motives of the parties involved.